Feb 16 2006 17:14 FEB-16-2886 17°25 AHA P.@S STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2002-27639 2003-23705 ANNA M. DEGRAFF, L.P.N., RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Nursing against Respondent, Anna M. Degraff, L.P.N., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the Practice of nursing pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 464, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed practical nurse (L.P.N,) within the state of Florida, having been issued license number PN 1205701. -4- Anna M. Degraff, LPN, Case # 2002-27639 JAPSU\Medical\Mary KINURSING CASES\VACsIL-P.N.s\Degraff, Anna, beyond scope.doc Feb 16 2006 17:14 FEB-16-2886 17:28 AHCA P.@6 3. Respondent’s address of record is 8030 San Fernando Dr., Port Richey, Florida 34668. 4. At all times material to this Complaint, Respondent was employed as a L.P.N. at Cosmetic Laser Center located in Clearwater, Florida. 5. Between March 17, 2000, and June 13, 2003, Respondent administered anesthesia and used a laser on Patient R.A. to remove tattoos. 6. Between May 13, 2002, and June 10, 2003, Respondent administered anesthesia and used a laser on Patient J.K. to remove tattoos. 7. Administering anesthesia and using a laser to remove tattoos is outside the scope of practice for a licensed practical nurse. 8. Section 464.018(1)(n), Florida Statutes (1999, 2000, 2001, 2002), provides that failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience, constitutes grounds for disciplinary action by the Board of Nursing, 9, Rule 64B9-8.005(2)(n), Florida Administrative Code, states that failing to meet minimal standards of acceptable and prevailing nursing =Fe Anna M. Degraff, LPN, Case # 2002-27639 J.APSU\MedicalMary KINURSING CASES\ACSIL.P.N_s\Degraff, Anna, beyond scape.doc Feb 16 2006 17:15 FEB-16-2886 17:29 AHCA Pa? practice shall include practicing beyond the scope of the licensee's license, educational preparation, or nursing experience. 10. Respondent practiced beyond the scope of her license when Respondent administered anesthesia and used a laser to remove tattoos on Patient J.K. and Patient R.A. 11. Based on the foregoing, Respondent violated Section 464.018(1)(n), Florida Statutes (1999, 2000, 2001, 2002), by failing to meet minimal standards of acceptable and prevailing nursing practice, as defined by Rule 64B9-8.005(2)(n), Florida Administrative Code, to include practicing beyond the scope of the licensee's license, educational preparation, or nursing experience. WHEREFORE, Petitioner respectfully. requests that the Board of Nursing enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. -3- Anna M. Degraff, LPN, Case # 2002-27639 JAPSU\MedicallMary KINURSING CASES\ACSIL.P.N.s\Degraff, Anna, beyond scope.dac Feb 16 2006 17:15 FEB-16-2886 17:29 AHCA SIGNED this pe day of Anon 0. , 2005. John O. Agwunobi, M.D., M.B.A., M.P.H. Secretary, Department of Health Mary K. Surles Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, Florida 32399-3265 Florida Bar No.: 0230560 (850) 414 — 8126 Telephone (850) 414 — 1991 Facsimile /MKS ! Reviewed and approved by ik (initials) 2 / / 6s (date) PCP: od DI. cos PCP Members: FILED ‘". Brisa DEPARTMENT OF HEALTH & Bran DEPUTY CLERK CLERK NJ pects Colman DATE 4-28 -05_ whe Anna M, Degraff, LPN, Case # 2002-27639 JAPSU\Medical\Mary KINURSING CASES\ACSs\L.P.N.s\Degraff, Anna, beyond scope.doc Feb 16 2006 17:15 FEB-16-2886 17:29 AHCA P.@9 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. ~5. Anna M. Degraff, LPN, Case # 2002-27639 JAPSU\Medical\Mary KINURSING CASES\ACSIL.P.N.s\Degraff, Anna, beyond scope.doc TOTAL P.a9

Docket for Case No: 06-000604PL